ORDER

Hon’ble Dr. Anand S. Khati, Member (A)

The present Original Application (O.A.) has been filed by the applicant seeking the following reliefs:-

(i) It is therefore prayed that the present original application made by the applicant may kindly be allowed.

(ii) That the impugned transfer order dated 25-06-2024 (ANNEX-A/1) & relieving order dated 26-06-2024 (ANNEX-A/2) & impugned memo dated 24-10-2024 (ANNEX-A/5) may kindly be quashed and set aside. The respondents should be directed to allow the applicant continue in Kendriya Vidyalaya Avikanagar with all consequential benefits.

(iii) That respondents may be directed to allow modifications / posting of the applicant as PRT (Music) at K.V. Churu against the vacant post with all consequential benefits.

(iv) Any other order/directions of relief may be granted in favour of the applicant which may be deemed just and proper under the facts and circumstances of this case. Cost of present original application may kindly be awarded to the applicant."

2. Highlighting the facts of the case, learned counsel for the applicant submitted that:

2.1 The applicant has served for 9 years and 8 months at KVS, Avikanagar Station. Vide impugned transfer order dated 25.06.2024, she has been transferred to KV Bageshwar on displacement count, and was relieved vide order dated 26.06.2024. The transfer order has been issued invoking Para 2 (II) (A) b) (i) & (ii) of Part-1-A of KVS Transfer Policy 2023, which reads thus:

“(i) An employee with at least 5 years stay at present station (irrespective of cadre) and having at least Ten (10) displacement count shall be liable for displacement transfer in decreasing order of displacement count.

(ii) Displacement transfer shall be considered to accommodate employee who have completed their tenures in Hard, NER and Priority stations, if vacancies are not available at the desired stations.”

2.2 The respondent No. 4 has been accommodated at Avikanagar replacing the applicant in terms of Para 2 II (A)a) of Part-1-A of KVS Transfer Policy 2023, which reads thus:

“Employees who have completed tenure at Normal/Hard/NER, priority station (as on 30th June of the transfer year for employees) and cases of DFP/MDG/LTR may be considered for transfer, subject to availability of vacancies in desired station.”

2.3 It is pointed out that the respondent No. 4, who displaced the applicant vide impugned transfer order dated 25.06.2024 had joined at KV Assam University on 25.10.2021 and, in fact, completed full two years tenure at KV Assam University. Therefore, if he completed the required tenure period of three years at normal/Hard/NER station, the applicant would not be transferred from KV Avikanagar to KV Bageshwar.

2.4 Being aggrieved, the applicant earlier filed an O.A. No. 535/2024 before the Jaipur Bench, wherein this Tribunal vide order dated 19.09.2024 directed the respondents to decide the applicant’s pending representation dated 26.06.2024 within three weeks.

2.5 In compliance thereto, the respondents-KVS vide impugned order dated 24.10.2024 rejected her request for modification of transfer.

3. Learned counsel for the respondents vehemently opposed the O.A. Placing reliance upon the averments made in the counter affidavit, he submitted that the applicant has already served for more than 9 years and 8 months at KV Avikanagar and the impugned order itself is clarificatory to the extent that applicant has earned 22 transfer counts and 14 displacement counts. She had applied for transfer with five preferences, i.e. Tonk, Jaipur, Dausa, Phulera and Bandarsindri (CUR). However, an employee having 36 transfer counts and completed hard station tenure got transferred to Tonk, whereas no vacancy was available at other stations. The details have been provided in the impugned order with respect to the Station allocated to her at KV Bageshwar. The applicant was relieved on 26.06.2024 pursuant to the transfer order and in terms of the impugned transfer order, the respondent No.4 who